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Indiana Court Decisions — March 15-28, 2018

7th Circuit Court of Appeals March 21 Civil Plenary — Establishment Clause Freedom From Religion Foundation v. Concord Community Schools 17-1591, 17-1683 An Elkhart high school’s traditional “Christmas Spectacular” production that was canceled by a northern Indiana federal court because of its overt religiosity, then passed muster when Christian elements no longer took a leading […]

DTCI: Is the Plaintiff a User or Consumer Under IPLA?

A preliminary inquiry in defending any case brought pursuant to the Indiana Products Liability Act (IPLA) is whether the IPLA even applies to the plaintiff; that is, whether the plaintiff is considered a “user” or “consumer” under the IPLA.

Indiana law schools post 2-year bar passage rates

Calling it a “comprehensive report,” the American Bar Association released a series of spreadsheets March 22 which presented the ultimate two-year bar passage rate for 2015 graduates as well as the bar passage rates for first-time takers in 2016 and 2017 from each accredited law school.

ABA proposal would allow law schools to offer more classes online

Under the current Standard 306, law schools may not grant more than 15 credit hours from online courses toward a J.D. degree, and may not enroll any first-year students in distance education. The proposed new rule would permit law schools to offer up to one-third of the credits for a J.D. degree online, and first-year students would be able to take up to 10 credits online.

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12 apply to Court of Appeals

The Indiana Judicial Nominating Commission has received applications from 12 applicants to fill an upcoming vacancy on the Indiana Court of Appeals.

Steering committee named for 2020 mock trial nationals

Preparations for the 2020 National High School Mock Trial Championship in Evansville are continuing with the steering committee for the event being finalized. Lawyers, judge and private citizens from around Indiana are helping to oversee a contest which will bring about 900 high schoolers to Indiana.

Steering committee named for 2020 mock trial nationals

Preparations for the 2020 National High School Mock Trial Championship in Evansville are continuing with the steering committee for the event being finalized. Lawyers, judge and private citizens from around Indiana are helping to oversee a contest which will bring about 900 high schoolers to Indiana.

Opinions April 2, 2018

Indiana Court of Appeals

Xavia Fox v. State of Indiana (mem. dec.)
49A04-1709-CR-2183
Criminal. Affirms and reverses in part Xavia Fox’s convictions of driving while suspended and operating a motor vehicle having never received a license, both elevated to Class A misdemeanors based on prior convictions. Finds the state presented sufficient evidence to support Fox’s driving while suspended conviction. Also finds the evidence was insufficient to prove Fox had a prior conviction for operating having never received a license. Remands for the Marion Superior Court to enter judgment on the lesser-included offense of Class C misdemeanor operating having never received a license and to vacate the Class A misdemeanor.

Two more counties move to e-filing this week

Courts in two more counties will make the switch to electronic filing this week, moving Indiana closer to the judiciary’s goal of statewide e-filing implementation by the end of the year.

7th Circuit seeking comment on proposed rule changes

Proposed amendments to a 7th Circuit Court of Appeals rule would place additional requirements on district courts to ensure case dockets are complete and available upon request of the circuit court.